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Atoms For Agency: How Argentina’S Pursuit Of Nuclear Power Plants Represents International Legitimacy And Autonomy, 1951-1978., Jacob R. Gressin

Binghamton University Undergraduate Journal

Since 1949 Argentina has developed nuclear power plants (NPPs), overcoming political instability and financial barriers, to eventually succeed in the activation of Latin America’s first nuclear power plant, Atucha-1, in 1974. However, given the ample means of electrical production though fossil fuels and hydroelectric power, NPPs in Argentina present a paradoxical means of electrical production. This paper analyzes the history of Argentina’s nuclear power program, from 1951-1978, in order to offer a more holistic understanding of why NPPs were developed. I argue that nuclear power in Argentina was motivated not by a desire for electrical generation or to manufacture …

Women And Men In The Media, Margaret Gallagher

Communication Research Trends

Since the time of Adam and eve no theme has held the attention of storytellers and their audiences more consistently than that of sexuality and the relationship between the sexes. It is multifaceted, ever-changing, and so deeply involves everyone emotionally that few other subjects present such a challenge to sociological analysis. All would have to admit, however, that the past century has seen unprecedented changes in the role and status of women in relation to men. The mass media have played their own part in this evolution, creating images which have helped to delineate and define its shifting currents.

This …

The Tax Adviser, Volume 16, Number 7, July 1985, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Nicholas J. Fiore

Tax Adviser

No abstract provided.

Washington Report: Tax Treatment Of Corporate Nol And Other Tax Attribute Carryovers In Acquisitions, Kenneth F. Thomas, Carol B. Ferguson

Tax Adviser

No abstract provided.

Home Office Deduction: Recent Cases May Offer New Planning Strategies, Consuelo Lauda Kertz, Al L. Hartgraves

Tax Adviser

No abstract provided.

Tax Clinic, Leon M. Nad

Tax Adviser

No abstract provided.

Sec. 467 Rental Agreements: Lessors And Lessees Must Watch Their Step, Philip J. Wiesner, Donald J. Massoglia

Tax Adviser

No abstract provided.

The Tax Adviser, Volume 16, Number 6, June 1985, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Nicholas J. Fiore

Tax Adviser

No abstract provided.

Stewart V. Smith: A Misapplication Of North Carolina V. Pearce, Alton C. Stevens

Maine Law Review

Gordon Stewart was convicted of a felony and sentenced to fifteen to nineteen months in the house of correction and a $2,000 fine, or an additional 2,000 days in lieu thereof. Since he was indigent this represented a total sentence of approximately seven years. Upon petition to the Windsor County Court this original sentence was set aside as being in excess of the twenty-four month statutory maximum. Resentencing was ordered and a different judge sentenced respondent anew to a term of twenty-three to twenty-four months in the state prison with appropriate credit given for time already served. On appeal to …

In Re Adoption Of E: First Amendment Rights And Religious Inquiry In Adoption Proceedings, Francis J. Scanlon

Maine Law Review

The New Jersey Supreme Court decision, In re Adoption of E, represents an effort to define what considerations are to be given the religious beliefs of prospective adoptive couples in the screening process of the adoption courts. The majority opinion is emphatic in spelling out what courts cannot do. In overruling the lower court's decision, it was held that the first amendment prohibits the denial of a couple’s adoption request solely because the court disapproves of their religious beliefs. Though holding that a couple's religion cannot be a controlling factor in an adoption denial, the court did not see religion …

The Rights Of The Person Acquitted By Reason Of Insanity: Equal Protection And Due Process, Anne B. Poulin

Maine Law Review

In response to the Maine Supreme Judicial Court's decision in State v. Shackford a commentator suggested that the Maine automatic commitment statute be attacked as denying equal protection of the laws to those individuals acquitted by reason of mental disease or defect. Such an attack was made in the case of Chase v. Kearns, but without the predicted success. In Chase the court failed to come to grips with the crucial issues presented despite careful effort by both counsel to focus on the constitutional problems. The court side-stepped the difficult constitutional issues raised, upholding the statute but failing to provide …

Enforcement Of Money Judgments And Divorce Decrees In Maine, S. Peter Mills

Maine Law Review

Until recently divorce decrees in Maine were frequently enforced by capias execution, a remedy at law by which the wife or her attorney could jail the ex-husband for failure to pay money overdue in alimony, support or litigation costs. Most states use contempt proceedings whenever imprisonment is deemed an appropriate sanction in a divorce action, but in Maine a capias execution gave the aggrieved party advantages not available in a contempt petition. First, even though issuance of the capias was a matter for the court's discretion, there was no requirement either in statute or in common law that the court …

Nonstatutory Judicial Review Of Federal Agency Action: A New Approach To Sovereign Immunity, William P. Hardy

Maine Law Review

In deciding whether to review administrative agency action, an astute court seeks to maintain a delicate balance between over-interference with administration of legislatively created programs and denial of plaintiff's rights. This balancing process historically has been hindered by federal courts treating the doctrine of sovereign immunity as a jurisdictional bar to unconsented suits against the United States Government. Regardless of the validity of a plaintiff's grievance and in spite of the relative infrequency of such suits, the courts adhering to this traditional approach mechanically dismiss such actions solely because they seek relief against the sovereign. A few federal courts have …

Maine's Public Labor Law, Ronald D. Russell

Maine Law Review

The latter half of the last decade saw a rapid increase in activity on the part of labor organizations formed by public employees in Maine. This activity received an impetus from an opinion of the Attorney General and from a Legislative Research Committee Report based on the Labor Relations Act of 1941. Through different methods of reasoning both documents concluded that public employees had the right to form labor organizations, but neither document defined the relationship between these employees and their public employer. Although the activity of these organizations was evidenced by the formation of agreements with municipalities and by …

Conflict Of Laws And The Disposition Of Decedents' Movables, David Plimpton

Maine Law Review

Improved travel and communication, a larger, more fluid population and the resulting increase in the number of persons owning property in more than one state have led to a marked increase in conflict of laws situations and also have dramatized the need for their solution. However, it is also true that the degree to which potential conflicts problems exist is a function of the extent to which the law differs between states, not only differences in substantive law but also differences with respect to choice-of-law rules formulated to deal with conflicts between substantive law. One widely accepted choice-of-law principle has …

Maine's Judicial Machinery At The Crossroads, Armand A. Dufresne Jr.

Maine Law Review

There is really no such thing as "a court"; in modem society, at least, there is only something which may be called a court system. Even that designation, however, may be a misnomer; a court system is really no more than a group of people, judges, clerks, lawyers, bailiffs, and so forth, tied together by certain functional arrangements. Even the finest institutional organization for a court system will produce delay and injustice if it is not staffed by competent people. Conversely, the most competent and dedicated people cannot produce satisfactory results from an institutional arrangement which does not permit them …

Retroactivity Rethought: The Hidden Costs, Pierce B. Hasler

Maine Law Review

The validity of Justice Harlan's contention that retroactivity must be rethought is becoming increasingly evident, and it seems likely that extensive reevaluation of the doctrine will soon be necessary. The past six years have been marked by well over a dozen Supreme Court decisions addressed to the question of the retroactive or prospective effect to be given prior constitutional rulings in the area of criminal procedure. Rarely has an important constitutional doctrine achieved such full-blown proportions so quickly, yet several members of the Court would now vote to reject it and start anew. Linkletter v. Walkers was the landmark decision …

Pierce And Arlana Hasler, Edward S. Godfrey Iii

Maine Law Review

Pierce Barnard Hasler, professor of law at the University of Maine School of Law, and his wife, Arlana Kogut Hasler, an engineer with International Business Machines Corporation in Portland, were killed in a plane crash in Juneau, on September 4, 1971, as they were returning to Maine from a hunting trip in northern Alaska. Their colleagues, Pierce's students at the law school, their many friends and, of course, their families have found the loss of those two fine young persons even yet almost insupportable.

Index Of Authors, Maine Law Review

Maine Law Review

Cumulative Index of Maine Law Review, Volumes 14-24, by Author

Cumulative Index (1962-1972), Maine Law Review

Maine Law Review

Cumulative Index of Maine Law Review, Volumes 14-24, by Subject Matter

Maine's Coastal Conveyance Of Oil Act: Jurisdictional Consideration, Maine Law Review

Maine Law Review

Maine's Coastal Conveyance of Oil Act is the most comprehensive oil discharge control law in the United States. Such broad regulatory legislation inevitably raises questions of constitutionality and, as expected, the oil industry has brought a challenge to the Maine statute. In American Oil Co. et al. v. Environmental Improvement Commission, a declaratory judgment action, the Maine act has been alleged to violate the commerce, due process, equal protection and admiralty clauses of the United States Constitution. Although each allegation of constitutional conflict raises substantial problems, the most troublesome attack is that based upon the admiralty clause. Here the basic …

Contract Zoning: A Flexible Technique For Protecting Maine Municipalities, Maine Law Review

Maine Law Review

Since the constitutionality of comprehensive zoning plans was upheld by the 1926 United States Supreme Court decision in Euclid v. Ambler Realty, municipal zoning has become an acceptable, indeed a necessary, fact of life. Maine, as well as most states, has enacted zoning enabling legislation pursuant to which many Maine municipalities have adopted zoning ordinances. The standard zoning approach which has evolved since Euclid has been based largely on the concept of uniform gridiron districts which conform to a legislatively preconceived comprehensive plan intended to assist municipalities in maintaining an orderly growth. These comprehensive plans, however, frequently have become a …

Preliminary Questions Of Fact: Respective Roles Of Judge And Jury In Maine Courts, Maine Law Review

Maine Law Review

Virtually indisputable in the law is the notion that the trial judge determines questions of admissibility of evidence. However, when admissibility depends upon the evaluation of a preliminary question of fact, both courts and commentators disagree as to whether the judge should continue to occupy the role of sole decision-maker. The intertwining of fact, the preliminary condition, and law, the admissibility decision, raises some havoc with accepted views of the judge as arbiter of the law and the jury as fact finder. If the judge determines both questions, he is resolving not only legal, but also factual issues traditionally within …

Comparative Negligence And Comparative Contribution In Maine: The Need For Guidelines, Maine Law Review

Maine Law Review

In the recent case of Packard v. Whitten, Maine became the second state to adopt the doctrine of comparative contribution among joint tortfeasors. The decision stressed the point that comparative contribution was merely a logical outgrowth of Maine's Comparative Negligence Statute and that, in particular, the 1969 amendment to that law "would appear to have little purpose except to lay the basis for a comparative contribution." The court concluded that the implementation of this new doctrine would pose no major problems: "More than five years' experience in apportioning causal fault under our Comparative Negligence Law convinces us that this change …

Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman

Maine Law Review

The increasing interest in arbitration as a means of judicial reform has been largely due to the fact that arbitration provides a forum for dispute settlement apart from the traditional judicial system. In other words, arbitration is regarded as a useful reform measure primarily because it affords potential litigants a forum other than the already over-burdened courts. Little consideration has been given to the possibility that in some areas arbitration may in fact be both a better forum and a better method of resolving disputes than the traditional judicial system. This article will discuss three areas, areas which are susceptible …

Federal Evaluation Of Riparian Property: Section 111 Of The Rivers And Harbors Act Of 1970, Ronald C. Allen

Maine Law Review

Certain of our citizenry persist in their belief that the water resources of this nation are essentially a free good which necessitates very little, if any, governmental interference in the development or beneficial exploitation of these resources. Theirs is obviously a dream world which dangerously ignores evidence from much of our history as well as the obvious conditions of the present. The nation is confronted with too many people, and the promise of many more, making too many demands upon our existing and foreseeable supply of water to allow the perpetuation of a myth of rugged individualism. This attitude has …

The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review

Maine Law Review

During the last decade the Maine Law Court refused to overrule two common law doctrines which effectively insulated certain tortfeasors from liability for their negligent conduct. The purpose of this comment is to determine if the public policy issues embodied in the immunity rules and the reliance interests attributed to those rules by the Law Court justified the radical departure from the court's traditional role of deciding cases properly before it.

Argersinger And The Right To Counsel In The Military, Maine Law Review

Maine Law Review

The dramatic advances made since 1965 in recognizing the right to counsel for accused indigents have steadily, albeit unevenly, extended to military courts-martial. Despite this progress, many questions remain unresolved regarding right to counsel both generally and in the military. While the right to counsel is solidified in general courts-martial, it remains precarious in special and summary courts-martial, for the right to lawyer counsel is defeasible where a military exigency is shown in the former and lawyer counsel is not yet required service-wide in the latter. The military exigency exception to full sixth amendment rights to easily degenerates into a …